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Australian Law Assignment Discuss The Elements Of The Law Of Negligence Highlighting Recent Developments.

2403 words - 10 pages

Australian Law AssignmentQuestion: The test in Australia has been applied as a two part test, one of foreseeability and proximity. Discuss the elements of the law of negligence highlighting recent developments.Table of Cases CitedCases CitedCaparo Industries Plc v Dickman [1990] 2 AC 605Chapman v Hearse (1962) 106 CLR 112Donoghue v Stevenson [1932} AC 562Hill v Van Erp (1997) 71 ALJR 487Jaensch v Coffey (1984) 115 CLR 549Nagle v Rottnest Island Authority (1993) 177 CLR 423Perre v Apand Pty Ltd (1999) 164 ALR 606Pyrenees Shires Council v Day (1998) 192 CLR 330RTA v McGuinness [2002] NSWCA 210 *State of Victoria v Richards [1998] VSCA 103Sullivan v Moody (2001) 75 ALJR 1570Thomson v Connon (2000) 183 ALR 404Valley Council v Standing [2002] NSWCA 359 ** Both cases do not appear in list of references because they were already cited in Tony Scott (2002). Beware of obvious risk - is the tide turning against plaintiff? Retrieved September 29, 2003 from http://www.mcmahons.com.au/wpc/main.phpo?SID=6AbstractThis paper consists of a discussion on the two requirements for the duty of care, one of foreseeability and proximity. It will look at Lord Atkin's statement in the case of Donoghue v Stevenson [1932} AC 562 where Lord Atkin first mentions the requirement for proximity and reasonable foreseeability in determining a duty of care. By relating to Chapman v Hearse (1962) 106 CLR 112, this paper will discuss the requirement for Reasonable foreseeability. The paper will also discuss the requirement for proximity by discussing such cases as Jaensch v Coffey (1984) 115 CLR 549 and Nagle v Rottnest Island Authority (1993) 177 CLR 423. It will also highlight the current approach towards both foreseeability and proximity by viewing such cases as Sullivan v Moody (2001) 75 ALJR 1570, Pyrenees Shires Council v Day (1998) 192 CLR 330 and Perre v Apand Pty Ltd (1999) 164 ALR 606.Table of ContentsContentPage*Introduction5*Donoghue v Stevenson [1932] AC 5625*Reasonable Foreseeability6*Proximity7*Latest Developments Highlighting Current Approach to Foreseeability9*Latest Developments Highlighting Current Approach to Proximity 9*Conclusion11*List of References12*Endnotes13Elements of the Duty of Care in NegligenceIntroductionIn the tort of negligence, the plaintiff must prove that the defendant was at fault and thus caused him/her to be injured. The court must determine whether the defendant owed the plaintiff a duty of care. The test for duty of care in Australia consists of two parts, that of foreseeability and proximity. This general test was adopted in 1932 in the case of Donoghue v Stevenson . This paper will begin by briefly outlining the case of Donoghue v Stevenson. Then it will examine the element of foreseeability in determining whether a duty of care is owed. Next, the paper will analyse the element of proximity. The third part of the paper will view recent developments for the element of reasonable foreseeability. The fourth and final part of this paper will...

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